Aug. 24, 2008
MENTALLY IMPAIRED OFFENDERS
CCJ 499 Seq. Number 11670
Tuesday 7:15-9:45 pm, 3 credit hours
Classroom AC 282
College of Social & Behavioral Sciences, Dept of Criminology & Criminal Justice
NAU Fall Semester 2008
Mary E. White, B.A., J.D.
Yuma County Attorney’s Office
250 W. 2nd St., Suite G
Yuma, AZ 85364
Office hours by appointment
Course Description : Study of the problems involving mentally impaired offenders in U.S. criminal justice system.
Student Learning Expectations/Outcomes for this Course :
(1) Students should have knowledge of current problems involving mentally impaired offenders in the U.S. criminal justice system.
(2) Students should have an overview of the approaches currently being used or proposed for solving these problems.
Course structure/approach: Lecture, class discussion, role play exercises, guest speakers, readings, research reports, written assignments, field trips and final exam.
Textbook and required materials:
Required text is “Crazy” by Pete Earley (available in college bookstore)
Other reading assignments will be selections from the reading lists.
Assessment of Student Learning Outcomes
Methods of Assessment
Written assignments based upon class discussions & assigned readings
Each class session will be accompanied by a written assignment due at the next class session. Each assignment will be 1-2 pages in length. A reading assignment will also be required for each class session.
Research Report -substantial research paper -at least 10 pages
Extra credit activities: a written report must be completed as to each activity.
Timeline for Assessment
Written assignments will be graded & returned
Students are encouraged to turn in research drafts early and more often than required, in order to receive as much feedback as possible.
Draft research report due: October 28
Final Research report due: November 18
Final Exam: December 9
Points are awarded for accuracy of knowledge, identification of sources & original thinking.
Grammar, punctuation and spelling will be considered in
Grading: 90-100% A
80-89 % B
60- 69% D
Final Exam may be made up if missed due to illness or personal emergency. The make-up exam may not be the same as the exam given in class.
Attendance: If class is missed, student is responsible for making up the reading and/or assignments missed.
Statement on plagiarism and cheating. Plagiarism and/or cheating will result in a failing grade.
University policies: See attached Safe Working and Learning Environment, Students with Disabilities, Institutional Review Board, and Academic Integrity policies.
1. Knowledge of types of mental impairment
2. Understanding of how mental impairment results in incarceration for criminal behavior
3. Knowledge of problems involving criminal incarceration of mentally impaired persons
4. Criminal prosecution and defense of mentally impaired offenders:
a. Procedure (Arizona Criminal Rules 11 and 26.5)
b. Guilty Except Insane
5. Civil alternatives for mentally impaired offenders
6. Restorative Justice and mentally impaired offenders:
Mental Health Courts & Probation
Use of real world situations & problems in Yuma County.
Focus on Yuma County in context of national issues
Observation of local criminal justice programs and processes
Classroom problem solving exercises
Written assignments due by next class
August 26 & Sept. 2:
Reasons why so many mentally ill persons enter the criminal justice system.
How mentally impaired persons enter the criminal justice system
Domestic violence and mental impairment
Law enforcement encounters with mentally impaired persons
a) Disorderly Conduct
b) Indecent exposure
c) Criminal Damage
f) Domestic Violence calls
g) Violations of Court Orders
h) Suicidal persons
i) Police shootings
Law enforcement training needed.
Role play exercises-police encounters with mentally impaired
- Why so many mentally ill persons stay or return repeatedly to criminal justice system
- Lack of preparation/support upon re-entry into society from incarceration
- Probation/parole violations
- Prison disciplinary infractionsVocabulary:Assault (as defined in Arizona Revised Statutes)
VoluntarinessSept. 9:Types of mental impairment
a. Five categories of mental illness are:
1) Psychotic (schizophrenia/loses touch with reality)
2) Mood (severe mood changes – major depression, manic depression – bipolar)
3) Anxiety (phobias, overwhelming internal conflicts & fears)
4) Personality (PTSD, Paranoid, Antisocial personality – seem unable to learn from experience)
5) Organic (fetal alcohol syndrome, adult/adolescent brain
damage from drugs or alcohol)
2. Developmental disability (low IQ, learning disabilities, autism)
3. Brain damage resulting in mental impairment that is not mental illness (inability to read, speak, coordinate movements, etc.)
4. Co-occurring disorders: alcohol/drug addiction & mental illness
Vocabulary: acting out
Sept. 16 & Sept. 23:
Scope of the problem in jails and prisons
Large numbers of mentally impaired prisoners
Cost to taxpayers of imprisonment
Harm suffered by OMI (offenders with mental impairments) while incarcerated:
Lack of treatment
Victimized by other prisoners
Injuries/new criminal charges due to correctional/detention officers lack of training for OMI Dangerousness of OMI who fail to receive treatment and/or are not understood by untrained staff.
Social/economic costs to society upon release of these damaged persons
Possible solutions to the problems
Jail Diversion”-screening of arrestees to sent them to alternatives to incarceration if possible.
Better mental health care in jails and prisons
Re-entry “safety nets” for released prisoners who are mentally impaired.
Better mental health care in the community
History of approaches to mental illness
1. Demonic Possession
3. “Insane asylums”
5. Tightening standards for involuntary commitment
6. Closing down of mental hospitals
5. Outpatient mental health care
Least restrictive alternative
Oct. 7 & 14:
Procedural and legal issues in prosecution, defense and sentencing of mentally impaired defendants
Constitutional right to due process
a) Constitutions- federal and state
b) What is procedural due process?
Competency to stand trial
1. Definition of competency
2. Criminal procedure
3. Restoration of competency
Sell v. United States, 539 U.S. 166 (2003) Forced medication for trial competence purposes may be permissible only under certain circumstances
4. Types of mental impairment most often resulting in permanent incompetency:
ii. Mental retardation
iii. Brain disease or injury
Mental state at the time of the offense (insanity defense)
a) Arizona’s Guilty Except Insane
Clark v. Arizona, 548 U.S. 735
a) Charging decisions
b) Plea Agreements
c) Sentencing recommendations/stipulations
6. Confinement of persons found not guilty by reason of insanity:
These defendants cannot be involuntarily confined in a mental institution if they are not both mentally ill and dangerous. Foucha v. Louisiana, 504 U.S. 71 (1992)
6. Capital punishment & mentally impaired defendants
a) “[T]he Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.”
Ford v. Wainwright, 477 U. S. 399, 409-410 (1986)
b) The Eighth Amendment prohibits execution of the mentally retarded. Atkins v. Virginia, 536 U.S. 304 (2002)
7. Discussion of high profile cases: Andrea Yates, Virginia Tech shooter and more.
forensic (forensic pathologist, forensic psychiatrist)
Oct. 21, 28 & Nov. 4:
Alternatives to criminal incarceration for OMI
1. “Civil” Mental Health Treatment
a. Civil court ordered treatment
General principles of civil commitment
2) Arizona Revised Statutes Title 36 Court Ordered Treatment
b. Outpatient treatment options for the mentally ill
2. “Jail Diversion”
a. Pre-booking & post-booking
b. Crisis Intervention Teams.
c. Treatment plans for OMI so that they may be released from jail
3. Probation with mental health treatment
4. Mental Health Courts
Nov. 18 & Nov 25:
Mentally impaired juveniles and the criminal justice system.
Review for final exam
Dec. 9: Final Exam
Required Reading List:
Achieving the Promise: Transforming Mental Health Care in America, Report of President’s Commission (2003). (available on internet)
Clinical Guide to the Treatment of the Mentally Ill Homeless Person, by Paulette Marie Gillig [Chapters 7 & 8 online at VISTA]
Community Corrections in America: New Directions and Sounder Investments for Persons with Mental Illness and Codisorders, by Arthur Lurigio [Chapters 1 & 2 online at VISTA]
Crazyby Pete Earley (2006) [required purchase at NAU/AWC bookstore]
The Criminalization of Mental Illness Crisis and Opportunity for the Justice System, by Risdon N. Slate and W. Wesley Johnson (2008) Caroline Academic Press.
(NAU-AWC Library request made) [Chapters 3 and 11 will be posted on VISTA]
Handbook of Correctional Mental Health, Edited by Charles Scott, MD, and Joan Gerbasi, JD, MD. American Psychiatric Association (2005) (NAU-AWC Library request made) [Selected chapters will be assigned]
The Homeless, by Louise Gerdes [Chapter 3 online at VISTA]
Jailing Communities The Impact of Jail Expansion and Effective Public Safety Strategies, April 2008, Justice Policy Institute (available online at www.justicepolicy.org)
Juvenile Justice Sourcebook: Past, Present and Future by Albert R. Roberts [Chapter 12 online at VISTA]
Keeping the Peace: Police Discretion and Mentally Ill Persons, by Linda A. Teplin (July 2000) National Institute of Justice Journal. (Available online)
Mad in America: Bad Science, Bad Medicine, and the Enduring Mistreatment of the Mentally Ill, by Robert Whitaker [Chapter 11 and Epilogue online at VISTA]
Mental Health Issues in the Criminal Justice System, Edited by Daniel W. Phillips, III Ph.D (2008), The Haworth Press. (NAU-AWC Library request made) [Selected chapters will be assigned]
Mentally Ill Offenders in the Criminal Justice System: An Analysis and Prescription, The Sentencing Project 2002 (available online)
Mentally Impaired Offenders and the Criminal Justice System, by Sarah Wolfe, The Texas Bar Journal, March 2006 (available online)
The Numbers Count: Mental Disorders in America, National Institute of Mental Health (NIMH) (available online at www.nimh.nih.gov
Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It, by Terry Allen Kupers [Chapters 1 & 2 online at VISTA]
Total Confinement: madness and reason in the maximum security prison by Lorna A. Rhodes (2004) University of California Press (Available online at AWC & NAU Yuma Library) [Selected chapters will be assigned]
Women in Prison, by Joan Esherick [Chapters 1 & 3 on VISTA]
Rules 11; 26.5 of Arizona Rules of Criminal Procedure,
Arizona Revised Statute (ARS) Section 13-502 (insanity defense),
ARS Title 36 sections relating to court ordered mental health evaluations & treatment.
Required Films: The New Asylums, 2005 documentary by PBS Frontline: www.pbs.org/wgbh/pages/frontline/shows/asylums/etc/synopsis.html
Recommended reading list:
Acting Out: Maladaptive Behavior in Confinement, By Hans Toch and Kenneth Adams. American Psychological Association (2002).
Back to the Asylum: The Future of Mental Health Law and Policy in the United States, by By John Q. LaFond, JohnQ. La Fond, Mary L. Durham, Oxford University Press US (1992)
Beyond Reason: The Death Penalty and Offenders with Mental Retardation, by Human Rights Watch (2001);
Care of the Mentally Disordered Offender in the Community (Oxford Medical Publications)
by Alec Buchanan Oxford University Press; 1st edition (January 15, 2002)
Coordinating Community Services for Mentally Ill Offenders: Maryland’s Community Criminal Justice Treatment Program, by Catherine Conley, National Institute of Justice (April 1999)
Crazy in America: The Hidden Tragedy of Our Criminalized Mentally Ill, by Mary Beth Pfeiffer (2007) Carroll & Graf Publishers
Criminal behaviour: A psychosocial approach (7th ed.) by Bartol, C. R., & Bartol, A. M. Englewood Cliffs, NJ: Prentice Hall (2005);
Diagnosis: Schizophrenia by Rachel Miller, Susan Mason (2002) Columbia University Press
The Discovery of the Asylum Social Order and Disorder in the New Republic by David J. Rothman (1990) Little, Brown & Company [Instructor has copy]
Emerging Judicial Strategies for the Mentally Ill in the Criminal Caseload: Mental Health Courts in Fort Lauderdale, Seattle, San Bernardino and Anchorage, by John S. Goldkamp and Cheryl Irons-Guynn, (April 2000) Crime and Justice Research Institute, Bureau of Justice Assistance, Office of Justice Programs, U.S.
Games Criminals Play And How You Can Profit By Knowing
Them, Allen, B. & Bosta, D. (1981) Rae John Publishers
Handbook of Forensic Mental Health with Victims and Offenders: Assessment, Treatment and Research, by David W. Springer and Albert R. Roberts, (2007) Springer Publishing Company;
Juvenile Offenders and Mental Illness: I Know Why the Caged Bird Cries, Ed. Lisa A. Rapp-Paglicci (2006) Book News, Inc. (Available through Kline Library)
Improving Responses to People with Mental Illnesses The Essential Elements of a Mental Health Court, Michael Thompson, Dr. Fred Osher, Denise Tomasini-Joshi, A Report prepared by the Council of State Governments Justice Center, Criminal Justice/Mental Health Consensus Project for the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice (2008) (available online at http://www.ojp.usdoj.gov)
The Insanity Offense: How America’s Failure to Treat the Seriously Mentally Ill Endangers Its Citizens by E. Fuller Torrey;
Law and Mental Health: a Case-Based Approach, by Robert G. Meyer and
Christopher M. Weaver, Guilford Press (2005)
Madness in the Streets: How Psychiatry and the Law Abandoned the Mentally Ill, by Rael Jean Isaac and Virginia C. Armat (1990) The Free Press A Division of Macmillan, Inc. [Instructor has copy]
Mentally Disordered Offenders: managing people nobody owns, by David Webb (1999) (Available AWC & NAU Yuma Library Online)
Offenders with Developmental Disabilities, by William R. Lindsay, John L. Taylor and Peter Sturmey (2004) Wiley;
Out of the Shadows: Confronting America’s Mental Illness Crisis by Dr. E. Fuller Torrey (1997) John Wiley & Sons
Policing Persons with Mental Illness: The Pennsylvania Experience, Jim Ruiz (2002) Pennsylvania State Data Center;
Prison Madness: the mental health crisis behind bars and what we must do about it, by Terry Allen Kupers (1999) (Available at AWC-NAU Yuma Library)
Serving Mentally Ill Offenders: Challenges and Opportunities for Mental Health Professionals, by Gerald Landsberg, Marjorie Rock, and Lawrence K.W. Berg (2002) Springer Publishing Company;
Street Crazy: America’s Mental Health Tragedy, by Stephen B. Seagar, (2000) Westcom Press
(about the homeless mentally ill)
Surviving Schizophrenia: A Manual for Families, Patients, and Providers (5th Edition) by E. Fuller Torrey, Harper Collins
Treating Adult and Juvenile Offenders With Special Needs, Edited by Jose Ashford, Bruce Sales and William Reid. American Psychological Association (2001).
“Why It is Essential to Teach About Mental Health Issues in Criminal Law (and a Primer on How to Do It)” by Richard E. Redding, Villanova University School of Law, Public Law and Legal Theory, (2004) Washington University Journal of Law & Policy;
Clark v. Arizona, 548 U.S. 735 (2006),
Sell v. United States, 539 U.S. 166 (2003)
Atkins v. Virginia, 536 U.S. 304 (2002)
Foucha v. Louisiana 504 U.S. 71 (1992)
Ford v. Wainwright, 477 U. S. 399 (1986)
Estelle v. Gamble (1976): Withholding of medical care for prisoners and 8th Amendment Cruel and Unusual Punishment
Lake v. Cameron (1966): least restrictive alternative for treatment
First hand accounts of mental illness (Fiction and Non-fiction)
(Many of these are available through the NAU Library, Amazon.com and/or Barnes & Noble)
Anthology of a Crazy Lady: A Creative Cure Through Writing & Art, by Susan L. Heisler (2000)
Autobiography of a Schizophrenic Girl The True Story of “Renee”, with an analytic interpretation by Marguerite Sechehuye, translated by Grace Rubin-Rabson (1951) (1968 Merideth Books) [available at Barnes & Noble]
The Beast A Reckoning With Depression by Tracy Thompson (1995) G.P. Putnam’s Sons [Instructor has copy]
A Beautiful Mind by Sylvia Nasar (1998)
The Bell Jar by Sylvia Plath (1963) [Instructor has copy]
A Brilliant Madness: Living with Manic Depressive Illness by Patty Duke and Gloria Hochman (1992)
A Clockwork Orange by Anthony Burgess (1962)
Crazy by Pete Earley (2006) [Copies ordered by bookstore for course]
The Center Cannot Hold: My Journey Through Madness by Elyn R. Saks (2007)
The Day the Voices Stopped: A Memoir of Madness and Hope, by Ken Steele, Claire Berman, Stephen M. Goldfinger (2001) Basic Books
Detour My Bipolar Road Trip in 4-D by Lizzie Simon (2002) Atria Books [Instructor has copy]
ElectroBoy, A Memoir of Mania, by Andy Behrman (2003) Random House
Girl, interrupted by Susanna Kaysen (2000) Thorndike Press [available at Barnes & Noble]
I am not sick I don’t need help by Xavier Amador (2007) Vida Press
Me, Myself, and Them: A Firsthand Account of One Young Person’s Experience with Schizophrenia (Adolescent Mental Health Initiative) by Kurt Snyder, Raquel E. Gur, Linda Wasmer Andrews (2007) Oxford University Press
One Flew Over the Cuckoo’s Nestby Ken Kesey (1962);
Prozac Nation A Memoir, by Elizabeth Wurtzel (1994) Riverhead Books, NY [available at Barnes & Noble]
The Quiet Room A Journey Out of the Torment of Madness, Lori Schiller and Amanda Bennett (1994) Warner Books
Recovered, Not Cured: A Journey Through Schizophrenia, by Richard McClean (2003)
Snake Pit, by Mary Jane Ward (1946)
Stranger On The Planet The Small Book of Laurie by Claire Burch (1997) Regent Press [Instructor has copy]
“Suddenly, Last Summer” by Tennessee Williams (1958) (play)
Sugar and Salt: My Life With Bipolar Disorder, by Jane Thompson (2006) Authorhouse
Sybil by Flora Rheta Schreiber (1973)
The Three Faces of Eve by Dr. Hervey M. Cleckley & Dr. Corbett H. Thigpen (1957)
“The System of Doctor Tarr and Professor Fether” by Edgar Allan Poe (1844) (short story)
Films that depict mental illness, mental impairment, mental hospitals, psychiatric treatment or societal attitudes toward the mentally impaired:
Angel Baby (Australian film), The Aviator (Leonardo DiCaprio & Kate Blanchett -directed by Martin Scorsese)(2004), A Beautiful Mind (schizophrenia) (Russell Crowe) (2001), The Bell Jar (2008 & 1979), Benny and Joon (Johnny Depp) (1993), A Clockwork Orange (Malcolm McDowell)(directed by Stanley Kubrick) (1971), Conspiracy Theory (Mel Gibson & Julia Roberts) (1997), Dare to Love (1995), Dialogues With Madwomen (documentary by Allie Light) (1993), Donnie Darko, The Fight Club, Forget Me Never (Alzheimers) (Mia Farrow) (1999), The Manchurian Candidate (“brain washing” & assassination) (both versions – 1962 -Frank Sinatra & Angela Lansbury– & 2004-Denzel Washington & Meryl Streep), One Flew Over the Cuckoo’s Nest (mental hospitals & lobotomy) (Jack Nicholson) (1975), Pi, Prozac Nation (Christina Ricci) (2003), Rain Man (autism) (Dustin Hoffman & Tom Cruise) (1988), The Saint of Fort Washington, The Shining (Jack Nicholson) (1980), Snake Pit (1948) (Olivia de Havilland), Spellbound (directed by Alfred Hitchcock) (1945), Suddenly, Last Summer (mental hospitals & lobotomy) (Elizabeth Taylor & Katherine Hepburn) (1959), Sybil (Sally Field & Joanne Woodward) (1976), The Three Faces of Eve (Joanne Woodward) (1957), Spider (directed by David Cronenberg), Terminator 2 (mental hospitals), Titicut Follies (mental hospitals) (documentary by Frederick Wiseman) (1967), Through a Glass Darkly (directed by Ingmar Bergman), Twelve Monkeys (mental hospitals) (Bruce Willis & Brad Pitt) (1995).
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